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1969 Supreme(Raj) 17

SHINGHAL
Manraj – Appellant
Versus
Rameshwar – Respondent


Advocates Appeared:
R.K. Rastogi and J.S. Rastogi, for Appellants; K.N. Tikku, for Respondent

SHINGHAL, J.—The property in respect of which the controversy in this case has arisen admittedly belonged to Binja who died some time in Samwat 1959, leaving behind his widow Smt. Amri. Smt. Ram Kanwari (defendant No. 3) is their daughter. There is a dispute whether she was first married to Kheta and defen-dant Manraj wa|s born of that union and then went in "nata" to Khetas brother Hema, after his death,or whether she was married to Hema from the very beginning. But it is not in dispute that Manraj (defendant No. 1), Magna, Chuna & Hanuman are her four sons. Smt. Bhani (defendant No. 2) is the daughter of Manraj who had no other surviving issue, and plaintiff Rameshwar is the natural son of Magna.

2. Plaintiff Rameshwar raised the suit on November 30, 1956, with allegation that after the death of his wife and son, Hemraj took him in adoption on Phalgun Sud 2, S. 2001, executed a document (Ex. 1) to that effect and kept him as his son. He claimed that he lived jointly with Manraj as his adopted son and helped him in cultivation. According to the plaintiff, Binja had no son and so his widow Smt. Amri kept her daughter Ram Kanwari with her and after her death Ram Kanwari became the ow




















































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